Same Sex Marriage But No Same Sex Divorce

My friend Free points out:

…Unlike Massachusetts, California does not have a law prohibiting marriage in the state if your home state would not recognize the marriage. Thus, allowing same-sex marriage in California will open same-sex marriage up to a lot more people than the Massachusetts change did.

…In addition, any same-sex couple from outside of California that gets married in California may find themselves unable to get a divorce. The reason is that divorces are generally governed by the law of your state of domicile. Thus, even if a Maryland couple gets married in California, they could get a divorce only in Maryland. Since Maryland would not recognize the marriage, it would not issue a divorce. Thus, the couple would truly be married for life, unless one or the other of them moved to Massachusetts, California, or another state or foreign jurisdiction that recognizes same-sex marriages.

One comment on her blog mentions

… Strange that in legalizing same-sex marriage, they’re indirectly promoting the sanctity of marriage (married por vida). Wonder what that will do to the arguments that same-sex marriage diminishes the sanctity of marriage. :)


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